Showing posts with label Nashville Criminal Defense Lawyers. Show all posts
Showing posts with label Nashville Criminal Defense Lawyers. Show all posts

Wednesday, July 9, 2014

Nashville DUI Lawyers–Barnette Law Offices

Breath Test
If you have been arrested and charged with driving under the influence of alcohol (DUI) in Davidson County, Tennessee, you are likely familiar with the Intoximeter EC/IR II.  This device is utilized by law enforcement officers in Nashville Metro after a DUI arrest to determine an individual’s blood alcohol content (BAC).  Contrary to what you may have heard, breath testing devices, like the Intoximeter EC/IR II, are not without flaws and routinely produce inaccurate results in DUI cases.

For example, symptoms associated with diabetes, gastroesophageal reflux disease (GERD), liver disease, heartburn, asthma or other illness have historically enhanced the results of breath test machines in Tennessee.  The same is true for some types of chewing gum, breath mints and cough syrup.  Only seasoned DUI defense lawyers like Jason Barnette and those at Barnette Law Offices can successfully challenge the results of the breath test in Tennessee.

Prior to the administration of the Intoximeter EC/IR II test, law enforcement officers are required by Tennessee law to hold the subject under constant observation for a period of at least 20 minutes to ensure no foreign substance is introduced into the mouth of the subject.  Otherwise, the breath test result is inadmissible.

In a DUI case in the Nashville Metro area, police officers are the individuals designated to administer the breath test.  However, law enforcement officers typically receive minimal training about how the machine actually functions.  A good Tennessee DUI defense attorney can determine whether the officer in your case followed protocol and properly administered the breath test.

If you disagree with the results of the breath test after being arrested for DUI, you have a right under Tennessee DUI law to request a blood or urine test.  In fact, the State is required to initially cover the cost of the test if you are unable to pay for the test at the time of your arrest for DUI.


Every case is different and every DUI lawyer is different.  You want a DUI lawyer with the most experience, the best reputation and most importantly, the ability to get you the best result.  If results matter to you, call Barnette Law Offices today for a free consultation!

Field Sobriety Test
In Tennessee, if an officer has reasonable grounds to believe a driver is DUI or impaired, he may request that the driver perform field sobriety tests.  Be advised that in Tennessee, field sobriety tests are voluntary.  There is no criminal or administrative penalty for refusal of field sobriety tests during a DUI investigation.

Field sobriety tests are divided attention tests which require an individual charged with DUI to follow instructions and perform physical maneuvers requiring balance and coordination.  According to NHTSA, an individual with a BAC above .08 g/dL will have difficulty performing these standardized tests.

In Tennesee, the most common field sobriety tests utilized are the Horizontal Gaze Nystagmus Test, the Walk and Turn Test, and the One Leg Stand Test (note the HGN test is inadmissible).  Numerous reasons exist as to why an individual may struggle with field sobriety tests other than intoxication or impairment.  For example, these tests are routinely administered late at night to individuals who are tired and frightened with the consequences of a DUI arrest fresh on their mind.  Medical conditions, including pre-existing injuries and weight, can impact the field sobriety test results.

If you have been arrested for DUI in Nashville, Davidson County or anywhere in Tennessee and performed field sobriety tests, it is crucial that you contact an attorney right away to explore all possible defenses to the allegation of the arresting officer.


The Nashville DUI Lawyer Jason Barnette and Barnette Law Offices are ready to put their skill and knowledge to work for you!

DUI Drugs
Law Enforcement officers throughout Tennessee and particularly, Nashville have recently started cracking down on drivers perceived to be impaired by controlled substances or drugs. Many believe that in order to be arrested for DUI with drugs or controlled substances in Tennessee, an individual must have taken some type of illegal substance.   It may surprise you to learn that in Tennessee, a driver can be arrested for DUI simply for driving after taking prescribed medication.

In defending against a DUI with drugs charge, it is critical that you be proactive in your defense.  For example, upon release from custody, securing an independent blood or urine test immediately following the arrest can be a useful tool to prove the amount of drugs or controlled substances consumed was not enough to cause impairment.  Oftentimes, law enforcement officers in DUI cases never take the appropriate steps to secure blood or urine test samples through the Tennessee Bureau of Investigation.

Law enforcement officers throughout the State of Tennessee are being certified as Drug Recognition Experts (DRE) trained to secure evidence in DUI cases.   In cases involving DUI with drugs or controlled substances, it is imperative that you contact an attorney skilled in DRE tactics to defend you.

It is imperative that you contact a DUI attorney skilled in DRE tactics, like Tennessee DUI Lawyer Jason Barnette and those at Barnette Law Offices, to defend you.right away!

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Wednesday, June 11, 2014

Nashville DUI Lawyer

DUI cases are complex inasmuch as there is a blend of both legal and scientific issues involved.  Many make mistakes and these mistakes can harm their clients.  of Barnette Law Offices has included some of the mistakes below.

Some DUI Lawyers look at the police report, breath test sample or blood test results, and assume that the cannot be won. Breath tests, blood samples and field sobriety tests all have flaws that can be presented by an experienced .  Never assume defeat in any driving under the influence case - these cases can be won.

For starters, breath test results can be challenged for many reasons.  These machines flawed for they do not test deep lung air and are affected by any mouth alcohol.  Moreover, they must calibrated.  Some people have health conditions such as acid reflux, diabetes or are simply belching at the time of the test.  These reasons alone can cause inaccurate readings.

An experienced will always examine the traffic stop.  This is a fundamental part of both .  The police must have some legal justification for the traffic stop.  Some simply miss this point and fail to raise issues that could potentially lead to the ultimate dismissal of their client’s case by virtue of suppression.  Sometimes the mere act of filing a suppression motion makes the prosecution re-evaluate their position.  Bad traffic stops can lead to DUI cases either being dismissed or reduced to a lesser charge. 

While field sobriety tests are non-scientific and subjective, the location of the tests should be fair to the accused.  Heavy traffic, loose impediments, extreme weather, poor lighting or police lights, and unleveled surfaces can call into the question the reliability of these coordination tests.  It is always important to put these tests into content for the jury so that they can see why someone’s performance may have been unsatisfactory.  These tests are designed to fail and any obstacles can make them even more difficult to perform.  When done right, it is not difficult to show a jury these tests are fundamentally unfair. 

When the arresting officer was trained in field sobriety testing, he originally learned how to administer the tests through an instructor and his training manual.  This manual lays out guidelines that the police must follow when they administer these field sobriety tests.  Many know little about these tests or the rules that the police officer is supposed to follow per the NHSTA guidelines. 

This manual should be studied at length by your lawyer.  In fact, they should own a copy.  This way they will know exactly what questions to ask when the DUI officer takes the stand.  If the tests were not properly given, then their results can be called into question.  The tests are only as good as the officer’s instructions and training.  A successful challenge to these tests will weaken the prosecution’s case. 

It typically is not a good decision to have the DUI accused testify at trial.  They are not experienced witnesses and their testimony usually adds little to the defense.  The primary objective of the defense attorney is show the jury that the prosecution’s case is not strong enough to convict beyond a reasonable doubt.  When the defendant testifies, the trial focus is then placed on the credibility of the defendant verses the arresting officer’s investigation.  The jury is then forced to choose sides.  The defendant will seldom win this battle.

The state wants it to be a battle of credibility.  The prosecutor will jump up and down accusing the defendant of lying.  This shifts the focus away from the actual flaws and defenses of the actual DUI case.  If the cop lies, the jury will see it on their own.  It doesn’t have to be pointed out by the defendant or his attorney.  Reasonable doubt can be created without showing that the arresting officer is a liar.  It is a better practice to explain to the jury that the field sobriety tests are subjective in nature and the officer made a mistake of judgment.  Most jurors do not want to believe that the cop lied.  However, they will accept a mistake has been made.

 

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Sunday, March 28, 2010

Nashville Criminal Defense Lawyers

are similar to the DUI laws of most jurisdictions.  However, is one of the few crimes for which an individual can be convicted solely on the testimony of an arresting officer. While most are classified as misdemeanors, a conviction for a fourth offense is a felony.  Moreover, the penalties for are much more severe than in most jurisdictions.  This is why it is imperative that if you are charged and arrested for a DUI in the that you retain a skilled .

Tennessee DUI law essentially requires the District Attorney General’s Office to prove beyond a reasonable doubt that the person was (1) operating or in physical control of (2) a motor vehicle on (3) any public road, highway, alley, parking lot, or any other premises generally frequented by the public while (4) under the influence of alcohol or drugs, or with a blood alcohol content, or BAC, of .08% or higher.

A professional such as those at typically attack elements one, three and four.  However, an officer must first have probable cause to make an arrest for DUI.  Even if probable cause is found for the arrest, element four can often be difficult to prove.

A can punch holes in the way in which field sobriety tests were performed and how a BAC test was performed as well.  At we do this frequently and successfully in Davidson, Dickson, Rutherford, Wilson, and Williamson Counties as well as throughout Tennessee.

The implications of failing to retain an can be catastrophic.  Upon conviction for First Offence DUI in Tennessee, a person is subject to a maximum sentence of 11 months, 29 days, with a minimum of 48 hours in jail, or a minimum of 7 days in jail if, at the time of the offense, the defendant's blood alcohol level was .20% or higher.  Tennessee DUI laws for merely first offense also require a minimum $350.00 fine and court costs, the loss of your drivers license for a period of one year and enrollment in a court approved victim impact panel as well as DUI classes. Penalties for a second or subsequent conviction of DUI increase dramatically. On a second or subsequent offense, the vehicle used in the offense is subject to forfeiture.  A fourth or subsequent conviction of DUI is classified as a Felony.

If you’ve been charged with a DUI in Tennessee, please contact the at by visiting http://www.barnettelawoffices.com or calling 615-585-2245.

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